By G. Yadunadhan, President: <br /> <br /> The case of the complainant is that in the year 2001 during Onam festival he obtained a zero percent interest facility from Kerala State Financial Enterprises, Iritty Branch for purchasing 29” colour television of Samsung Company and a single tube washing machine. For the same he obtained quotation from Nikshan dealer at Kannoor. At the same time he obtained quotation from dealer named Vasulal. The said Vasulal Company issued a quotation for Rs.27000/-. When the same is brought before Nikshan Electronics, they offered a reduced price of Rs.500/- and he also obtained quotation for washing machine. When the quotation price is on a higher side, he questioned the same. They replied that they can only show company price in quotation and promised that they will obtain Rs.26500/- for Television and Rs.1000/- will reduce on washing machine and further Nikshan offered a reduction of Rs.500/- than the Vasulal Electronics. Therefore complainant arranged a loan from Kerala State Financial Enterprises for Nikshan Electronics. On 12.9.2001, when the complainant approached for delivery, they showed reluctance in delivery. But due to compulsion delivery of goods were effected. At the time of delivery Rs.40280/- was written in the delivery order and as per the complainant Rs.3790/- is to be obtained by the complainant but instead of giving the same, they assured this amount will be given at the time when the cheque from Kerala State Financial Enterprises is obtained. On 13.9.2001, complainant approached to Kerala State Financial Enterprises and informed the non-delivery of the above said amount. KSFE explained that Nikshan will come to this office and collect the same from them and the remaining amount will be handed over by Nikshan. On 14.9.2001, dealer called the complainant and requested to produce the receipts but till this date he has not obtained Rs.3790/-. On many occasion complainant approached this dealer named Nikshan, but they were reluctant to make any payment. Complainant approached the dealer several times, washing machine purchased by the complainant never used, thereby complainant is cheated by the opposite party. Therefore a direction may be issued to Nikshan Electronics to return Rs.3790/-.<br /> <br /> Opposite parties filed version. Opposite party No.1 admits that complainant purchased 29” colour television and a single tube washing machine on 12.9.2001, but denies other averments in the complaint. According to them there was no offer to pay any amount to the complainant and the Onam offer made by the 2nd opposite party and the complainant was given quotation quoting the said rate. As per the terms between 3rd opposite party and 1st opposite party, the first opposite party has to compensate the loss of the 3rd opposite party to some extent that is why an amount of Rs.3060/- has paid to 3rd opposite party. Further they stated that the loan facility is provided by the 3rd opposite party and they have no role in the loan transaction. Here the complaint is liable to be dismissed.<br /> <br /> 3rd opposite party filed their version that the complainant is a member in many of the chitites conducted by opposite party No.3. Opposite party No.3 maintains good relationship with the complainant and admits the zero percent interest loan transaction. According to them all the details regarding zero per cent interest loan has given to the complainant and opposite party No.1 is an approved dealer of opposite party No.3 and there was no canvassing between them. Opposite party No.3 is not aware of the bargaining between the complainant and the dealer. Opposite party No.2 has helped opposite party No.1 in cheating the complainant is wrong. They have liable to compensate the complainant.<br /> <br /> Opposite party No.2 set exparte.<br /> <br /> On the side of the complainant, Ext. A1 to A4 were marked. On the side of the opposite parties Ext. P1 to P7 were marked.<br /> <br /> Points for consideration: (1) Whether there is any deficiency of service on the side of the opposite parties? (2) Whether there is any restrictive trade practice as alleged? (3) Whether the complainant is entitled to get back Rs.3790/- as alleged in the complaint?<br /> <br /> It is the admitted case of the complainant and the opposite parties that complainant obtained zero per cent interest loan from 3rd opposite party and purchased two electronic items. For arranging zero per cent interest loan, 3rd opposite party and 1st opposite party made some arrangements and opposite party No.1 is the approved dealer of opposite party No.3 that is why opposite party No.3 accepted the quotation. It is the duty of the complainant to obey the terms and conditions of this transaction. Opposite party No.3 can only accept the quotation and the bargaining if any made between opposite party No.1 and the complainant is beyond the purview of opposite party No.3 and regarding the discount rate offered by opposite party No.1 complainant could not produce any document except oral submission. Hence this Forum could not find any scope in directing opposite party No.1 to return the amount alleged to be offered by the opposite party No.1 to the complainant. Hence this Forum could not find any unfair trade practice or deficiency of service as alleged by the complainant. Hence this complaint is liable to be dismissed.<br /> <br /> In the result the petition is dismissed.<br /> <br /> Pronounced in open Court this the 6th day of October 2008.<br /> <br /> <br /> <br /> Sd/-PRESIDENT Sd/-MEMBER Sd/-MEMBER<br /> <br /> <br /> APPENDIX<br /> <br /> Documents exhibited for the Complainant:<br /> <br /> A1 Copy of Delivery order No.816 dated 12.9.2001.<br /> A2 Copy of Proforma Invoice dated 10.9.01 for Vasulal electro crafts for Rs.27000/-<br /> A3 Copy of Proforma Invoice dated 10.9.01 of Vasular electro crafts for Rs.9500/-<br /> A4 Copy of invoice dated 13.9.01 of Nikshan Electronics for Rs.10990/-.<br /> <br /> Documents exhibited for the Opposite parties:<br /> <br /> B1 Photocopy of Delivery order issued by KSFE dated 12.9.2000.<br /> B2 Photocopy of Cash Bill issued by the 1st OP dated 13.9.01.<br /> B3 Photo copy of invoice issued by the 1st OP dated 13.9.01.<br /> B4 Photo copy of cheque No.194073 dated 14.9.01.<br /> B5 Photocopy of Receipt issued by KSFE dated 14.9.01.<br /> B6 Photocopy of Invoice issued by 1st OP dated 12.7.01.<br /> B7 Photocopy of Quotation issued by 1st OP dated 10.9.01.<br /> <br /> -/True copy/-<br /> <br /> Sd/-President<br /> <br /> (Forwarded/By Order)<br /> <br /> <br /> <br /> Senior Superintendent.<br />